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court having jurisdiction over such action. For the purposes of this Dispute Resolution Section only, the terms "party" and
<br />"parties" shall include any parent corporation, subsidiary or affiliate of Lender involved in the servicing, management or
<br />administration of any obligation described in or evidenced by this Agreement, together with the officers, employees, successors
<br />and assigns of each of the foregoing.
<br />(b) Special Rules.
<br />(i) The arbitration shall be conducted in any U.S. state where real or tangible persona! property
<br />collateral is located, or if there is no such collateral, in the City and County where Lender is located pursuant to its
<br />address for notice purposes in this Agreement
<br />(ii) 'fhe arbitration shall be administered by AAA, who will appoint an arbitrator. 1f AAA is unwilling
<br />or unable to administer or legally precluded from administering the arbitration, or if AAA is unwilling or unable to
<br />enforce or legally precluded from enforcing any and all provisions of this Dispute Resolution Section, then any party
<br />to this Agreement may substitute, without the necessity of the agreement or consent of the other party or parties,
<br />another arbitration organization that has similaa procedures to AAA but that will observe and enforce any and all
<br />provisions of this Dispute Resolution Section. All Disputes shall be determined by one arbitrator; however, if the
<br />amount in controversy in a Dispute exceeds Five Million Dollars ($5,000.000), upon the request of any party, the
<br />Dispute shall be decided by three arbitrators (for purposes of this Agreement, referred to collectively es the
<br />"arbitrator").
<br />(iii) All arbitration hearings will be commenced within ninety (90) days of the demand for arbitration and
<br />completed within ninety (9D) days from the date of commencement; provided, however, that upon a showing of good
<br />cause, the arbitrator shall be permitted to extend the commencement of such hearing for up to an additional sixty (60)
<br />days.
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<br />(iv} The judgment and the award, if any, of the azbitrator shall be issued within thirty (30) days of the r
<br />close of the hearing. The arbitrator shall provide a concise written statement setting forth the reasons for the judgment
<br />and for the award, if any. The arbitration award, if nay, may be submitted to an}~ court having jurisdiction to be
<br />confirmed and enforced, and such confirmation and enforcement shall not be subject to arbitration.
<br />(v) The arbitrator will give effect to statutes of limitation and any waivers thereof in determining the
<br />disposition of any Dispute and may dismiss one or more claims in the arbitration on the basis that such claim or claims
<br />is or are barred. For purposes of the application of the statute of limitations, the service on AAA under applicable
<br />AAA rules of a notice of Dispute is the equivalent of the filing of a lawsuit.
<br />(vi) Any dispute concerning this Dispute Resolution Section, including any such dispute as to the validity
<br />or enforceability hereof or whether a Dispute is arbitrable, shall be determined by the azbitrator, provided, however,
<br />that the arbitrator shall not be permitted to vary the express provisions of these Special Rules or the Reservations of
<br />Rights in subsection (c) below.
<br />(vii} The arbitrator shall have the power to award legal fees and costs pursuant to the terms of this
<br />Agreement.
<br />(viii) 1'he arbitration will take place on an individual basis without reference to, resort to, or consideration
<br />of any form of class or class action.
<br />(c) Reservations of Rights. Nothing in this Agreement shall be deemed to (i) limit the applicabiIiry of any
<br />otherwise applicable statutes of limitation and any waivers contained in this Agreement, or (ii) apply to or limit the right of
<br />bender (A) to exercise self help remedies such as (but not limited to) setoff, or (B) to foreclose judicially or nonjudicially
<br />against any real or personal property collateral, or to exercise judicial or nonjudicial power of sale rights, (C) to obtain from a
<br />court provisional, or ancillary remedies such as (but not limited to) injunctive relief, writ of possession, prejudgment attachment,
<br />or the appointment of a receiver, or (D) to pursue rights against a party to this Agreement in a third-parry proceeding in any
<br />action brought against Lender in a state, federal or international court, tribunal or hearing body (including actions in specialty
<br />courts, such as bankruptcy and patent courts). bender may exercise the rights set forth in clauses (A) through (D), inclusive,
<br />before, during or after the pendency of any arbitration proceeding brou~,ht pursuant to this Agreement. Neither the exercise of
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